What Do I Need to Obtain an Annulment Instead of a Divorce?
Are you currently hoping to end your marriage by obtaining an annulment instead of a divorce? This is a common question, especially for parties who were married quickly or without much forethought, who have been married for a short period of time, or who have religious reasons for wanting the marriage declared invalid rather than dissolved through a divorce. Other parties want to avoid the requirements California law imposes in a divorce process, such as the classification and distribution of community property.
Annulment is not something you can simply choose. It is available only when the marriage was legally defective from the start, and most marriages do not qualify.
Our San Mateo County family lawyers explain what that means and what it takes.
Annulment is Only for Marriages That Were Never Valid
A divorce ends a marriage that was lawful. An annulment, by contrast, declares that a valid marriage never existed in the first place. Under Section 2210 of the California Family Code, a marriage can be annulled only if one of the following specific conditions were true at the time of the marriage:
- One or both of the parties was under the age of 18 and did not have parental consent or court order;
- One of the parties was already married at the time of the marriage;
- The spouses are close blood relatives (i.e., siblings, parent/child)
- At least one of the parties was of “unsound mind” unless the parties were freely cohabitating with one another as spouses;
- The consent of at least one of the parties was obtained by fraud, unless that party had full knowledge of the fraud and freely cohabited with the other party as a spouse;
- The consent of at least one of the parties was obtained by force, unless that party freely cohabited with the other as a spouse; or
- One of the parties was physically incapable of “entering into the marriage state” or consummating the marriage, that incapacity continues to exist, and it “appears to be incurable.”
If none of the above are true of your circumstances at the time of your marriage, annulment is not available for you, no matter how brief the marriage was or how much both spouses want one. .
Contact a San Mateo County Family Law Attorney Today to Discuss Your Options Even if Annulment Isn’t Available to You
If you want to legally end your lawful marriage, you will most likely need to proceed with a divorce petition
If you are in a situation where you do not want to file for divorce for personal, religious, financial, or other reasons, California also allows legal separations. Through a legal separation, you remain legally married, yet the court can address issues such as community property division, child custody, and support. To find out more, contact an experienced San Mateo County divorce attorney at Foster Hsu, LLP today.
Source:
codes.findlaw.com/ca/family-code/fam-sect-2210
